Terms of service

General terms and conditions including customer information

1. Scope of application
2. Offers and service descriptions
3. Order process and contract conclusion
4. Prices and shipping costs
5. Delivery, availability of goods
6. Payment methods
7. Retention of ownership
8. Warranty and guarantee
9. Liability
10. Retention of the text of the contract
11. Final provisions

1. Scope of application
1.1. For the business relationship between CWC Handels GmbH, Franz Josef Platz 9, A-4810 Gmunden (hereinafter referred to as"Seller") and the Customer (hereinafter referred to as "Customer"), the following General Terms and Conditions in the version valid at the time of ordering shall apply exclusively.

1.2. You can reach our customer service for questions, complaints and complaints on weekdays from 9:00 a.m. to 6:00 p.m. under the telephone number +43 1 225635474 as well as by email atoffice@c-w-c.store.

1.3. A Customer in the sense of these General Terms and Conditions is any natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor self-employed (§ 13 BGB).

1.4. Any differing terms and conditions of the Customer shall not be recognized unless the Seller expressly agrees to their validity.

2. Offers and service descriptions
The presentation of the products in the online store does not constitute a legally binding offer, but an invitation to place an order. Descriptions of services in catalogs as well as on the websites of the Seller do not have the character of an assurance or guarantee.
All offers are valid "while stocks last" unless otherwise noted with the products. Errors excepted in all other cases.

3. Order process and contract conclusion
3.1. The Customer may select products from the Seller's product line without obligation and collect them in a so-called shopping cart by clicking the [Add to cart] button. Within the shopping cart the product selection can be changed, e.g. deleted. Thereafter, the Customer may proceed to the completion of the order process within the shopping cart by clicking the [Proceed to checkout] button.

3.2. By clicking the button [order with obligation to pay], the Customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the Customer can change and view the data at any time, as well as go back to the shopping cart using the browser function "back" or cancel the ordering process altogether. Required information is marked with an asterisk (*).

3.3. The Seller shall then send the Customer an automatic confirmation of receipt by email, in which the Customer's order is listed again and which the Customer can print out using the "Print" function (order confirmation). The automatic acknowledgement of receipt merely documents that the Seller has received the Customer's order and does not constitute acceptance of the request. The purchase contract is concluded only when the Seller has shipped or handed over the ordered product to the Customer within 2 days or has confirmed the shipment to the Customer within 2 days with a second email, explicit order confirmation or sending of the invoice.

3.4. If the Seller allows payment in advance, the contract is concluded with the provision of bank details and request for payment. If the payment is not received by the Seller within 10 calendar days after sending the order confirmation, the Seller shall withdraw from the contract with the consequence that the order shall lapse and the Seller shall not be obliged to deliver. The order is then completed for the Customer and Seller without any further effects. A reservation of the article with pre-payments takes place therefore at the longest for 10 calendar days.

4. Prices and shipping costs
4.1. All prices stated on the website of the Seller are inclusive of the applicable statutory value added tax.

4.2. In addition to the stated prices, the Seller charges shipping costs for delivery. The shipping costs are clearly communicated to the Customer on a separate information page and during the ordering process.

5. Delivery, availability of goods
5.1. If payment in advance has been agreed, delivery will be made after receipt of the invoice amount.

5.2. If the delivery of the goods fails through the fault of the Customer despite three delivery attempts, the Seller may withdraw from the contract. Any payments made will be refunded to the Customer without delay.

5.3. If the ordered product is not available because the Seller is not provided with this product by its supplier through no fault of its own, the Seller may withdraw from the contract. In this case, the Seller shall immediately inform the Customer and, if necessary, propose the delivery of a comparable product. If no comparable product is available or if the Customer does not wish a comparable product to be delivered, the Seller shall immediately refund to the Customer any payments already made, if any.

5.4. Customers are informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.

6. Payment methods
6.1. The Customer may choose from the available payment methods within the framework of and before the conclusion of the ordering process. Customers are informed about the available means of payment on a separate information page.

6.2. If payment by invoice is possible, payment must be made within 30 days after receipt of the goods and the invoice. For all other methods of payment, payment must be made in advance without deduction.

6.3. If third-party providers are commissioned with the payment processing, e.g. Paypal, their general terms and conditions apply.

6.4. If the due date of payment is determined according to the calendar, the Customer is in default as soon as the due date is missed. In this case, the Customer shall pay the statutory default interest.

6.5. The obligation of the Customer to pay default interest does not preclude the assertion of additional default damages by the Seller.

6.6. The Customer shall only be entitled to offsetting if their counterclaims have been legally established or acknowledged by the Seller. The Customer may exercise a right of retention only insofar as the claims result from the same contractual relationship.

7. Retention of ownership
Until payment is made in full, the delivered goods remain the property of the Seller.

8. Warranty and guarantee
8.1. The warranty is determined according to statutory provisions.

8.2. A guarantee exists for the goods delivered by the Seller only if it has been expressly given. Customers are informed about the warranty conditions before initiating the order process.

9. Liability
9.1. The following exclusions and limitations of liability shall apply to the Seller's liability for damages, without prejudice to the other statutory prerequisites for claims.

9.2. The Seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.

9.3. Furthermore, the Seller shall be liable for the breach of essential obligations due to slight negligence, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the fulfillment of which the Customer regularly relies. In this case, however, the Seller shall only be liable for the foreseeable damage that is typical for the contract. The Seller shall not be liable for the breach of obligations other than those specified in the preceding sentences due to slight negligence.

9.4. The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

9.5. Insofar as the liability of the Seller is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.

10. Retention of the text of the contract
10.1. The Customer may print the text of the contract before submitting the order to the Seller by using the print function of his browser in the last step of the order process.

10.2. The Seller shall also send the Customer an order confirmation with all order data to the email address provided by the Customer. With the order confirmation, at the latest however with the delivery of the commodity, the Customer also receives a copy of the general terms and conditions together with the cancellation policy and the information on shipping costs as well as delivery and payment conditions. If you have registered in our store, you can view your orders in your profile area. In addition, we store the text of the contract, but do not make it accessible on the Internet.

11. Final provisions
11.1. The place of jurisdiction and performance shall be the registered office of the Seller if the Customer is a merchant, a legal entity under public law or a special fund under public law.

11.2. Contract language is German.

11.3. European Commission Online Dispute Resolution (ODR) platform for consumers: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.